Nairobi — Impeached Deputy President Rigathi Gachagua has suffered a major blow after judges lifted a conservatory order blocking the swearing-in of his successor Prof Kithure Kindiki.
Justices Eric Ogola, Anthony Mrima and Dr Freda Mugambi rendered the ruling on Thursday noting that the continued vacancy in the Office of the Deputy President would suspend sections of the Constitution, defeating public interest.
The conservatory order blocking Kindiki's swearing-in was issued by a Kerugoya Court two weeks ago, soon after President William Ruto nominated the Interior Cabinet Secretary to replace Gachagua who was impeached.
"The applications for conservatory orders are hereby disallowed. The conservatory orders on 18th of October 2024 in Kerugoya High Court are hereby discharged," the bench rendered.
The bench noted that an extension of conservatory orders would mean the office remains vacant since the orders did not imply the reinstatement of Rigathi Gachagua as Deputy President.
The Justice Ogola-led bench held that the functions of the Deputy President post-2010, unlike the Vice President in the 1963 Constitution, cannot be discharged by the President, the Speaker of the National Assembly or anyone else, hence the find that an extended vacancy would be untenable.
"We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy," the bench ruled.
It noted that continued conservatory orders would render constitutional provisions providing for exclusive functions of the Deputy President suspended, a situation that would by itself constitute a violation of the Constitution.
The bench consequently, slotted a mention of the petition contesting Gachagua's impeachment on November 7 even as it granted the petitioners leave to appeal promising an expedited hearing.
Prior to rendering the determination, the court ruled on the question of justiciability holding it had a role in procedural review should the impeachment processes conferred to Parliament violate the law.
The court also affirmed jurisdiction over the matter on similar grounds.
"It is our finding that the Constitution of Kenya has delineated independent and distinct paths for the 3 arms of government. Accordingly, this court's intervention in the matter before it is warranted," the bench ruled.
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Jeremiah Wakaya is a multimedia journalist and Online Editor with a passion for international affairs, constitutional litigation, and governance.
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